30 Apr 2019
McCOLLUM v DAVID JOHN THOMPSON [2019] NZHC 915
- Citation
- [2019] NZHC 915
- Court
- High Court
The Court found the jurisdictional threshold under s13 of the Insolvency Act 2006 was satisfied (debt in excess of $1,000) and s14 did not apply because the security over the heifers had been exhausted by the time of the adjudication application; however, because the judgment debtors established genuinely triable claims alleging material breaches of PPSA obligations by the creditors (failure to give notices, failure to account for milk income and progeny and the possibility that retention under ss120/123 extinguished the debt), the Court exercised its discretion under s37 to decline to make a…